Social Security (Consequential Provisions) Act 1975

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Social Security (Consequential Provisions) Act 1975

An Act to make provision consequential on, and in connection with, the Social Security Act 1975 , the Industrial Injuries and Diseases (Old Cases) Act 1975 , the Social Security (Northern Ireland) Act 1975 and the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975.

[20 th March 1975]

Be it enactedby the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Repeals; amendments of statute book

(1) In consequence of, and in connection with, the following consolidation Acts, namely—

the Social Security Act 1975 ,

the Industrial Injuries and Diseases (Old Cases) Act 1975 ,

the Social Security (Northern Ireland) Act 1975 , and

the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 ,

(which Acts are together referred to in this Act as "the consolidations ") the following provisions of this section shall have effect.

(2) The enactments specified in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.

(4) Where this Act amends an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly, or an Order made under, or having the same effect as, an enactment of that Parliament or that Assembly, the enactment or Order as amended shall be subject to the Interpretation Act (Northern Ireland) 1954 in the same way as an enactment of that Parliament or that Assembly is so subject.

2 Transitional provisions and savings

(1) The provisions of Part I of Schedule 3 to this Act (which essentially reproduce those of Schedule 26 to the Social Security Act 1973) shall have effect with respect to the transition from the operation of the National Insurance Acts 1965 to 1974 and the corresponding Northern Ireland legislation, and the other enactments repealed by the 1973 Act, to the operation of—

(a) Parts II and III of the 1973 Act; and

(b) so much of the new Act as replaces by consolidation provisions of the 1973 Act and the legislation amending it.

(2) In connection with the consolidations, and with the repeals made by this Act, the further transitional provisions and savings contained in Parts II and III of Schedule 3 to this Act shall have effect; but no specific provision in Part III is to be regarded as prejudicing any general provision elsewhere in this Act.

(3) Where any provision of Schedule 3 to this Act confers power to make an Order in Council or regulations, then—

(a) in so far as the power is exercisable in relation to Great Britain, or to the United Kingdom as a whole, sections 166 and 167(3) of the Social Security Act 1975 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act; and

(b) in so far as the power is exercisable in relation to Northern Ireland only, sections 155 and 156(4) to (6) of the Social Security (Northern Ireland) Act 1975 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act.

(4) Section 38 of the Interpretation Act 1889 (effect of repeals)—

(a) has effect in relation to any enactment repealed by this Act and re-enacted in any of the consolidations as if the repeal were made by the consolidation and not by this Act;

(b) has the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly (or of any provision of an Order made under, or having the same effect as, such an enactment) as it has in relation to the repeal of an Act of the Parliament of the United Kingdom (references in section 38 of the 1889 Act to Acts and enactments being construed accordingly);

but nothing in this subsection or in Schedule 3 to this Act affects the general operation of section 38 of the 1889 Act with regard to the effect of repeals.

3 Entry into force of consolidations and this Act

(1) Provisions of— the 1973 Act,

the National Insurance Act 1974 ,

the National Insurance Measure (Northern Ireland) 1974 ,

the Social Security Amendment Act 1974 , and

the Social Security Benefits Act 1975 ,

which are made (whether by the Act or Measure itself or by an instrument made under an enactment) to come into force on 6 th April 1975 do so in that order, except that paragraph 39 of Schedule 4 to the National Insurance Act 1974 and section 8(7) of the Social Security Benefits Act 1975 (both of which mak...

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